Code of Professional Practice for Drug Analysts

Preface

The Code of Professional Practice for Drug Analysts was
written specifically for analysts. However, it is important that
managers, technicians, and others who assist the analysts in their
work are equally aware of the code's provisions, and that they support
the analyst in adhering to the code. When appropriate, the provisions
are also equally applicable to the technicians' work.

1. Introduction

1.1.

A code of professional practice
is intended to provide the framework of ethical values and scientific
and legal obligations within which the analyst should operate.
Details are usually provided on how alleged breaches of the
code will be investigated, what sanctions are available, and
how appeals should be pursued.

1.2.

A code of professional practice is essential
to analysts and their managers in helping them carry out their
duties in a proper manner and in making appropriate decisions
when questions of ethics arise.

1.3.

A code of professional practice that is enforced
and publicly available is also a powerful means of demonstrating
the professional expectations of analysts and the reliability
of their findings to others in the criminal justice system
and the public.

1.4.

The Scientific Working Group for the Analysis
of Seized Drugs recommends that all employers of analysts
develop a code of professional practice and the means of dealing
with breaches of the code.

1.5.

1.5. The Scientific Working Group for the
Analysis of Seized Drugs further recommends that all codes
of professional practice for analysts should include, as a
minimum, provisions relating to their professional conduct,
casework, and reporting results, as provided in Section 2.

2. Code of Professional Practice

2.1.

Professional Conduct

Analysts should

2.1.1.

Act with honesty, integrity, and objectivity.

2.1.2.

Work only in the bounds of their professional
competence.

2.1.3.

Take reasonable steps to maintain their competence.

2.1.4.

Recognize that their overriding duty is to criminal
justice.

2.1.5.

Declare to their employer any prior contact or
personal involvement, which may give rise to conflict of interest,
real or perceived.

2.1.6.

Declare to their employer or other appropriate
authority any pressure intended to influence the result of an
examination.

2.2.

Casework

Analysts should

2.2.1.

Ensure and be able to demonstrate that the integrity
and security of evidentiary materials and the information derived
from their analysis have been maintained while in their possession.

2.2.2.

Ensure that they have a clear understanding of
what the customer needs and all the necessary information, relevant
evidentiary materials, and facilities available to reach a meaningful
conclusion in an appropriate time frame.

2.2.3.

Employ an appropriate analytical approach, using
the facilities available.

2.2.4.

Make and retain full, contemporaneous, clear,
and accurate records of all examinations and tests conducted
and conclusions drawn, in sufficient detail to allow meaningful
review and assessment of the conclusions by an independent person
competent in the field.

2.2.5.

Accept responsibility for all casework that is
done personally and by others under their direction.

2.2.6.

Conduct all professional activities in a way that
protects the health and safety of themselves, their coworkers,
the public, and the environment.

2.3.

Reporting

Analysts should

2.3.1.

Present advice and testimony, whether written
or oral, in a clear and objective manner.

2.3.2.

Be prepared to reconsider and, if necessary, change
their conclusions, advice, or testimony in light of new information
or developments and take the initiative in informing their employer
and customers promptly of any changes that need to be made.

2.3.3.

Take appropriate action if there is potential
for or there has been a miscarriage of justice due to new circumstances
that have come to light, incompetent practice, or malpractice.

Appendix

This appendix gives examples to demonstrate the scope of
the various provisions of the code.

2.2.

Casework

2.2.1.

To ensure and be able to demonstrate that the integrity and
security of evidentiary materials and the information derived
from their analysis have been maintained while in their possession
by the following:

Keeping a chain-of-custody record.

Making special note of sealing and packaging security
of received evidentiary materials.

Preserving evidentiary materials from contamination, adulteration,
deterioration, loss, or theft by using appropriate working
practices and suitable, controlled-access storage facilities.

Using a unique identifier for evidentiary materials,
any subsample taken from them, and any accompanying documentation
that will minimize the risk of misidentification.

Keeping evidentiary materials in their original condition
for future reference, when possible.

Securely repackaging and resealing evidentiary materials
after their examination.

Preserving and returning all original packaging, with
original seals intact, when possible.

Ensuring that access to evidentiary materials and all
documentation relating to these, before and after their
examination, is restricted to authorized personnel.

2.2.2.

To ensure that they have a clear understanding of what the
customer needs and all the necessary information, relevant
evidentiary materials, and facilities available to reach a
meaningful conclusion in an appropriate time frame by the
following:

Conferring with the customer, if there is any uncertainty
over their requirement.

Establishing what work needs to be done to provide a fit-for-purpose
response to the customer's requirement.

Ensuring that all the requisite information and evidentiary
materials have been submitted.

Checking that all the necessary accommodation, equipment,
materials, and skills will be available when required.

Declining to do the testing if the customer's requirement
cannot be met.

2.2.3.

To employ an appropriate analytical approach, using the facilities
available by the following:

Adhering to the Scientific Working Group for the Analysis
of Seized Drugs recommendations.

Performing only those analyses that are needed to meet
the specified customer requirement.

Making best use of the available resources in meeting
the customer's requirement.

Ensuring that the identification and quantification of
any drug reflects what was present in the material submitted.

2.2.4.

To make and retain full, contemporaneous, clear, and accurate
records of all examinations and tests conducted and conclusions
drawn, in sufficient detail to allow meaningful review and
assessment of the conclusions by an independent person competent
in the field by the following:

Writing legibly.

Avoiding use of personal shorthand.

Recording all pertinent information at the time it is
generated, or as soon as practicable thereafter.

Ensuring that there can be no uncertainty about what work
has been carried out, how, when, where, and by whom.

Complying with local jurisdictional requirements.

Consistently maintaining well-ordered case files and ensuring
that these are available for review.

2.2.5.

To accept responsibility for all casework done personally
and by others under their direction by the following:

Providing suggestions for improvement.

Ensuring that all work done personally and by others under
their direction is in compliance with the laboratory's
procedures and protocols.

Providing clear, documented instructions to others under
their directon that might subsequently be used to support
any advice or evidence they give.

Defending and justifying all work that is done personally
and by others under their direction.

2.2.6.

To conduct all professional activities in a way that protects
the health and safety of themselves, their coworkers, the
public, and the environment by the following:

Being aware of and complying at all times with current
health and safety legislation.

Ensuring that all relevant risk assessments have been
done and safe systems of work are in place and being followed.

Ensuring that others in the vicinity of their work are
aware of their activities, particularly when these involve
the investigation of clandestine laboratories, potential
exposure to controlled drugs (especially from bulk seizures),
the use of other hazardous materials, or the destruction
and/or disposal of drugs and other hazardous materials.

2.3.

Reporting

2.3.1.

To present their advice and testimony, whether
written or oral, in a clear and objective manner by the following:

Adhering to the Scientific Working Group for the Analysis
of Seized Drugs recommendations.

Using lay terms, when possible.

Explaining technical terms so that they can be properly
understood.

Including only facts and objective interpretations in
their advice or evidence that can be justified by the work
done and the information available.

Considering and providing alternative explanations or
interpretations for their findings, when appropriate.

Making clear the strengths and any limitations in their
advice or evidence.

Declaring anything that might undermine the integrity
of their evidence or its use (e.g., unsecured packaging,
possible contamination).

2.3.2.

To be prepared to reconsider and, if necessary, change their
conclusions, advice, or testimony in light of new information
or developments and take the initiative in informing their
employer and customers promptly of any changes that need to
be made by the following:

Accepting on-going responsibility for any advice or evidence
provided.

Immediately informing their employer about anything that
they have become aware of that might cause them to question
the validity of any advice given or evidence provided.

Recording in the case file all new information, an assessment
of its implications, and the actions taken.

2.3.3.

To take appropriate action if there is potential for, or
there has been, a miscarriage of justice due to new circumstances
that have come to light, incompetent practice, or malpractice
by the following:

Informing their employer about new circumstances.

Informing their employer about relevant concerns they
have about the quality of their own work or that of others
working under their direction.

Informing their employer about relevant concerns they
may have about the work, advice, or evidence provided by
others.

Informing their employer about relevant concerns that
others may have made (e.g., customer complaints, criticisms
in court).

Ensuring that the information is brought to the attention
of the appropriate external authority.

2.3.4.

To preserve customer confidentiality by not disclosing
information about a case unless officially and explicitly authorized
to do so by the customer, a court, or other body with the relevant
statutory powers, required by the law to disclose specified
information to a designated person, or an overriding duty to
the court and justice system for such disclosure is recognized.